1. The nature of working relationships
Gerrit Van de Mosselaer,
Policy advisor – legal counsel Social Inspection
European Economic and Social Committee
31 March 2016

2. Content The legal framework in Belgium
Characteristics of authority in Belgium
Technique for determining the existence/absence of authority
Difficulties encountered
Proposal

3. The legal framework in Belgium (1)
General principle of freedom of choice - two possible situations:
Employed workers
Three determining elements of the working relationship:
work;
remuneration;
Hierarchical/direct relationship (= authority).
Employment contract, by law (civil servants)

4. The legal framework in Belgium (2)
Self-employed workers
Two determining elements of the working relationship:
work;
remuneration.
Contract for services

5. Characteristics of authority in Belgium
Title XIII of the Act of 27 December 2006
Work organisation;
Hierarchical control;
Organisation of working time;
Specific criteria (= socio-economic  additional criteria in certain business sectors).

6. Technique for determining the existence/absence of authority (1)
Evidence-based method
Work organisation:
obligatory list of customers to visit;
specific orders concerning the tasks to be accomplished;
obligation or prohibition to be accompanied to perform a job.
Hierarchical control:
control of the worker's presence in the place determined by the employer (sign-in, time table);
control of the use of the imposed working method;
obligation for the worker to complete detailed reports about his work;
the possibility to impose penalties on an ineffective worker.

7. Technique for determining the existence/absence of authority (2)
Evidence-based method
Organisation of working time:
hours set by the employer;
obligation for the worker to justify his absences;
setting of days off.
Additional criteria:
ability to hire staff or to be replaced;
the fact of working in your own premises and/or with your own equipment;
personal and substantial investment of the worker in the business with own capital;
personal and substantial involvement of the worker in the profits and losses of the business.

8. Difficulties encountered
Development of the real economy:
outsourcing contract;
project sourcing contract;
management contract;
subcontracting agreement; …
 dilution of the direct link and hierarchical relationship
 appearance of a grey area with a risk of fraud (bogus self-employed persons)

9. Proposal redesign of specific criteria; weighing of specific criteria;
Simplification of the Act of 27 December 2006:
redesign of specific criteria;
weighing of specific criteria; …
 better definition and assessment of the hierarchical relationship